GAUDENCIO BICOMONG, et al. vs.GERONIMO ALMANZA, et al., defendant.

FLORENTINO CARTENA

Doctrine:

In the absence of defendants, ascendants, illegitimate children, or a surviving spouse, Article 1003 of the
New Civil Code provides that collateral relatives shall succeed to the entire estate of the deceased. It
appearing that Maura Bagsic died intestate without an issue, and her husband and all her ascendants
had died ahead of her, she is succeeded by the surviving collateral relatives, namely the daughter of her
sister of full blood and the ten (10) children of her brother and two (2) sisters of half-blood in accordance
with the provision of Art. 975 of the New Civil Code.
Facts:

Simeon Bagsic was married to Sisenanda Barcenas. They had three children namely: Perpetua Bagsic,
Igmedia Bagsic, and Ignacio Bagsic. Sisenanda Barcenas died ahead of her husband Simeon Bagsic.
Simeon Bagsic remarried Silvestra Glorioso, and they had two children, Felipa Bagsic and Maura Bagsic
Simeon Bagsic died sometime in 1901. Silvestra Glorioso also died. Ignacio Bagsic died on April 18, 1939
leaving the plaintiff Francisca Bagsic as his only heir. Igmedia Bagsic also died on August 19, 1944
survived by the plaintiffs Dionisio Tolentino, Maria Tolentino and Petra Tolentino. Perpetua Bagsic died on
July 1, 1945. Surviving her are her heirs, the plaintiffs Gaudencio Bicomong, Felicidad Bicomong, Salome
Bicomong, and Gervacio Bicomong. Of the children of the second marriage, Maura Bagsic died also on
April 14, 1952 leaving no heir as her husband died ahead of her. Felipa Bagsic, the other daughter of the
second Geronimo Almanza and her daughter Cristeta Almanza. But five (5) months before the present
suit was filed or on July 23, 1959, Cristeta Almanza died leaving behind her husband, the defendant
herein Engracio Manese and her father Geronimo Almanza.

The subject matter of the complaint concerns the one-half undivided share of Maura Bagsic in five (5)
parcels of land which she inherited from her deceased mother, Silvestra Glorioso (second marriage). After
the death of Maura, the subject properties were administered by her niece Cristeta. The plaintiffs
requested the partition of the properties but Cristeta convinced them to wait until the expenses for
Mauras illness and burial have been paid. After all the debts have been paid, Cristeta agreed to the
request but she died before the partition was effected.

The possession and administration of the properties were left to Cristetas father and Cristetas husband,
defendants Geronimo Almanza and Engracio Manese, respectively. Defendant Geronimo Almanza died
and was substituted by Florentino Cartena. The grandchildren from the first marriage brought suit for
the recovery of their lawful shares in the properties left by Maura Bagsic.

RTC: Ruled in favor of plaintiffs and declared them to be entitled to 10/24 share of the five parcels of
land.

CA: Ruled that the facts of the case have been duly established in the trial court and that the only issue
left for determination is a purely legal question involving the correct application of the law and
jurisprudence on the matter, hence the appellate court certified this case to the Supreme Court.

Issues:

Whether or not the heirs of the half blood brothers and sisters are able to inherit from the estate left by a
half-sister.
Held:

Yes. They inherit in their own right and not by representation.

In the absence of defendants, ascendants, illegitimate children, or a surviving spouse, Article 1003 of the
New Civil Code provides that collateral relatives shall succeed to the entire estate of the deceased. It
appearing that Maura Bagsic died intestate without an issue, and her husband and all her ascendants had
died ahead of her, she is succeeded by the surviving collateral relatives, namely the daughter of her sister
of full blood and the ten (10) children of her brother and two (2) sisters of half-blood in accordance with
the provision of Art. 975 of the New Civil Code.

Articles 975, 1006 and 1008 are applicable in this case. By virtue of said provision, the aforementioned
nephews and nieces are entitled to inherit in their own right. Nephews and nieces alone do not inherit by
right of representation (that is per stirpes) unless concurring with brothers or sisters of the deceased."

Art. 975.
When children of one or more brothers or sisters of tile deceased survive, they shall inherit from the latter
by representation, if they survive with their uncles or aunts. But if they alone survive, they shall inherit in
equal portions."

Felipa, the full-blood sister predeceased the decedent Maura which means that only nephews and nieces
are claiming inheritance in this case. In Art 975, the sole niece of whole blood (Cristeta) of the deceased
does not exclude the ten nephews and nieces of half-blood. The only difference between the whole and
half blood relatives is in the amount of their shares provided in Arts 1006 and 1008:

Art. 1006.
Should brothers and sisters of the full blood survive together with brothers and sisters of the half blood,
the former shall be entitled to a share double that of the latter.

Art. 1008.
Children of brothers and sisters of the half-blood shall succeed per capita or per stirpes, in accordance
with the rules laid down for brothers and sisters of the full blood.